Accidents Caused by Speeding Cars in Miami
Speeding is one of the leading causes of car accidents in Florida. When driving on the I95, the Florida Turnpike, or the Palmetto Expressway, you may have seen many cars that fly past traveling ten, fifteen, or even twenty miles over the posted speed limits. While most drivers who speed worry only about getting a traffic ticket, the real danger posed by excessive speed comes in the form of car accidents. Speeding makes car accidents much worse because the speed of a car is directly related to the impact it produces in the event of a car accident. If you have been injured in a car accident that was caused by a driver who was speeding, you may be entitled to recover compensation for your injuries – even if the driver was not ticketed for speeding. At Suarez & Montero, we have handled thousands of automobile accident cases and can help you get compensated for your injuries!
Shocking Stats about Speeding Car Crashes
According to the NHTSA, over the last 20 years, speeding has been a contributing factor in about one-third of all motor vehicle fatalities. In 2018, speeding was a contributing factor in 26% of all traffic fatalities in the United States. Speed also affects your safety even when you are driving at the speed limit but too fast for road conditions, such as during bad weather, when a road is under repair, or in an area at night that isn’t well lit. Speeding endangers not only the life of the driver, but all of the people on the road around them, including pedestrians, cyclists, and other drivers. The faster a car driver speeds, the less time that driver has to react to any sudden changes on the road. Additionally, the injuries sustained in high speed car accidents are much worse given the increase in forces on the human body in a collision at high speeds.
Speeding is a Sign of Negligence
In its most basic form, the four essential elements of negligence are: 1) a legal duty owed by the defendant to the plaintiff, 2) breach of that duty by the defendant, 3) an injury to the plaintiff that was legally caused by the defendant’s breach, and 4) damages as a result of the injury. Fault in a car accident is determined according to traffic laws and the duties that drivers owe each other. In general, there is a duty that drivers use the proper care and skill that a reasonable driver would use.
In addition, there is a duty to follow traffic laws, such as speed limit regulations, stop signs, traffic lights, yield signs, rules for signaling before turns, and other traffic rules. When a driver fails to drive with the proper care or skill, or if they violate any traffic rules, a court could find them responsible for the accident. When an action based on negligence is brought against the at-fault party after a car accident, the plaintiff must prove all of these elements. Drivers in Florida should not be speeding excessively or driving in an aggressive manner. In observance of the laws in Florida, a driver who speeds or drives aggressively will be held liable for any accidents or injuries they cause. Of course, the act of speeding alone does not automatically mean that a driver will be held to be negligent. As in most cases, a finding of negligence is dependent on several different factors.
Dealing with Speeding and Aggressive Drivers
The National Highway Traffic Safety Administration (NHTSA) says defines aggressive driving as a combination of moving traffic offenses that endanger other persons or property. It generally comprises several unsafe driving behaviors, including following too closely, driving at excessive speeds, weaving through traffic, running stoplights and stop signs, and gesturing angrily or yelling at other drivers, and may escalate to physical assault or murder. Aggressive driving is on the rise in the United States, and the consequences are deadly. Drivers who constantly speed and drivers who get aggressive with other drivers on the road risk the lives of other drivers, pedestrians and cyclists every day in South Florida.
Here are some tips that may help when and if you encounter an aggressive driver on the road:
- Let aggressive drivers pass you on the road by moving over and letting them by. It’s better to let them move along, keep your distance.
- Give speeding drivers plenty of space. Speeding drivers may lose control of their vehicle more easily.
- Adjust your driving accordingly. Speeding is tied to aggressive driving. If a speeding driver is tailgating you or trying to engage you in unsafe driving, try to steer your vehicle out of the way.
- Don’t be afraid to call 911 if you believe a driver is following you or harassing you.
Claims and Settlement Complications in Speeding Car Crash
It would be great if insurance companies simply paid out all of their valid personal injury claims and getting a reasonable car accident settlement was stress-free. Sadly, negotiating a car accident claim with an insurance company can be a stressful and drawnout process. Additionally, you must build a strong car accident claim to get properly compensated for your personal injury claim.
Thankfully, our firm can help you navigate through every step of the insurance claims process. Suppose that your insurance company denies your personal injury claim, our team will investigate your claim to fully comprehend the basis of the denial. By investigating and analyzing your claim, we can dispute the denial on your behalf. For instance, if your insurer denied the claim on the grounds that the claim is not covered under the policy, or the accident is not covered by the policy, our lawyers can determine whether the insurance company has interpreted the policy correctly and/or whether there are other provisions which might afford coverage.
Seek Compensation with the Help of Our Car Accident Lawyers
Damages in speeding car accidents can be divided into two major categories: economic damages and general non-economic damages. Economic damages can be described as your out of pocket costs. They are damages that can be measured and calculated, and they are typically represented by expenses actually incurred or those which can be reasonably expected to be incurred at a future date. Economic damages are easier to calculate accurately because documents and medical bills and records are used to determine the amount of damages and prove them. On the other hand, non-economic damages reimburse injured victims for both physical and mental losses. Non-economic damages usually include the physical and emotional distress resulting from the accident that affects a person’s very quality of life.
Medical Expenses: In Florida, damages are awarded if the plaintiff must undergo testing or treatment, or if the plaintiff must receive medical care of any type, such as hospital stays or physical therapy.
Lost Wages and Employment: Recovering from an injury often requires time off work. The length of time off typically depends on the type and severity of the injury. Calculating past lost earnings is easy. You simply add up the earnings and employment benefits that you lost from being out of work. If you are fully or partially disabled due to your injury and are unable to work going forward, then you may be able to seek compensation for future lost earning capacity.
Future Lost Income and Earning Capacity: A person who is injured by the wrongful act of another may recover for any loss of time and loss of earnings that result from a temporary incapacity. The measure of the injured person’s loss is the amount that the person would have earned had the person not been injured.
Driving can be dangerous in Miami, and it is made worse when drivers speed and drive aggressively. If another driver tries to run you off the road or intentionally crashes into you, it can result in a horrific car crash. When you’re involved in a speeding car accident or an accident caused by an aggressive driver, talk to a car accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in a car accident.
Contact Our Miami Speeding Car Accident Attorney Today!
The Law Offices of Suarez & Montero represents consumers in various types of car accident claim including accidents caused by Speeding car or aggressive driving. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
Frequently Asked Questions
If you start feeling back pain, do not ignore it. Many back injuries can take weeks or even months before they begin manifesting symptoms. Don’t ignore your pain, or else your injury may get worse as time passes. If you experience back pain following a car accident, the very first order of business is to see a doctor for a diagnosis. He or she will determine the severity of your injury.
Most personal injury lawyers do not require that you pay attorneys’ fees out of pocket. Instead, the costs are paid through a contingency fee agreement, by which a lawyer will be paid an agreed-upon portion of your total personal injury settlement. This gives the lawyer even more incentive to secure as much compensation as possible for her client. This also helps a client share the risk of loss with the attorney. If there is no award through settlement or after a trial judgment, the attorney will receive no payment. Contingent fee agreements are also subject to litigation costs and court fees. These can include the fee to file a lawsuit, expert witness fees, copying costs for medical records, and other such expenses.
If you’re in an accident and it’s your fault, your insurance rate will increase. Unfortunately, even if the accident was not your fault, your insurance rate may increase. However, there are many factors that come into play, so like with most car insurance situations, your rate after an accident may be a bit higher or lower, depending on your particular situation. Whether you’re at fault or not at fault in an accident, changes in your rates vary by insurance company and by state.
No-fault insurance is a type of car insurance coverage that helps pay for your and your passengers’ medical bills if you’re injured in a car accident, regardless of who caused the accident. No-fault insurance is also called personal injury protection, or PIP insurance.